This document is an excerpt from the EUR-Lex website
Document 32015L2436
EU trade mark law (national registrations)
EU trade mark law (national registrations)
SUMMARY OF:
Directive (EU) 2015/2436 to broadly align EU countries’ laws relating to trade marks
WHAT DOES THIS DIRECTIVE DO?
KEY POINTS
This directive sets out the basis for the adoption of national laws for trade marks in respect of goods or services which are:
Format
A trade mark can be any sign capable of being represented graphically (particularly words, including personal names, or designs, letters, numerals, the shape of goods or of their packaging). The sign must be capable of distinguishing the goods or services of one person or company from those of another.
Grounds for refusal
A trade mark can be refused prior to registration, or may subsequently be declared invalid, for a number of reasons including that:
A trade mark is also refused, or may be declared invalid, if it is identical or similar to a trade mark that has been registered previously.
Rights
Use
Registration procedure
Applications must contain:
The application is subject to the payment of a fee to be determined by the EU country concerned.
Duration and renewal
This directive repeals and replaces Directive 2008/95/EC as of 14 January 2019.
FROM WHEN DOES THE DIRECTIVE APPLY?
It applies from 12 January 2016. EU countries have to incorporate it into national law by 14 January 2019.
BACKGROUND
For more information, see ‘Trade mark protection in the EU’ on the European Commission’s website.
KEY TERMS
* Collective marks: When an application for registration is filed, it is possible to designate a trade mark as being collective. Associations such as manufacturers, producers or suppliers of services may apply for such a mark.
ACT
Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ L 336, 23.12.2015, pp. 1-26)
Successive amendments to Directive (EU) 2015/2436 have been incorporated into the original document. This consolidated version is of documentary value only.
last update 16.06.2016